Article 23. Challenging the registration of a trademark and invalidating it Chapter 6. Termination of the registration of a trademark of the Law on Trademarks, Service Marks, Geographical Indications and Appellations of Origin of Goods

     1. The registration of a trademark may be challenged and declared invalid in whole or in part during the entire period of validity if it was carried out in violation of the requirements established by Articles 6 and 7, with the exception of subitems 1), 2) and 3) of paragraph 1 of Article 7 of this Law, or within five years from the date of trademark registration, if it was carried out in violation of the requirements established by subitems 1), 2) and 3) of paragraph 1 of Article 7 of this Law. Any interested person may file an objection to the registration of a trademark on the grounds specified in this paragraph with the authorized body.

     2. The registration of a trademark may be challenged and invalidated in whole or in part during the entire period of validity if it is made in the name of a representative of the owner of an identical or confusingly similar trademark in one of the member countries of the Paris Convention for the Protection of Industrial Property, without the latter's permission. An objection to the registration of a trademark on the grounds specified in this paragraph may be filed with the authorized body by the owner (rightholder) of a trademark registered in one of the member countries of the Paris Convention for the Protection of Industrial Property.

     3. The registration of a trademark may be challenged and invalidated in whole or in part if the trademark is identical or confusingly similar in respect of similar goods or services to the brand name of another person, the exclusive right to which in the Republic of Kazakhstan arose earlier than the priority date of the trademark.

     An objection to the registration of a trademark on the grounds specified in this paragraph may be filed with the authorized body by a legal entity whose brand name is identical or confusingly similar to a trademark registered in respect of similar goods or services.

     4. An objection to trademark registration must be considered by the Board of Appeal within six months from the date of its receipt. The person who filed the objection, as well as the owner (rightholder) of the trademark, have the right to participate in the dispute.

     5. The expert organization makes an entry in the State Register of Trademarks on the cancellation of the trademark registration in connection with its recognition as invalid and publishes information about this in the bulletin and places them on its Internet resource.

     If the trademark registration is partially invalidated for certain goods or services, the expert organization makes an entry in the State Register of Trademarks on the cancellation of trademark registration for these goods or services, publishes information about the cancellation in the bulletin and places them on its Internet resource.

     The footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective ten calendar days after the date of its first official publication).  

The Law of the Republic of Kazakhstan dated July 26, 1999 No. 456.

     This Law regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks, geographical indications and names of places of origin of goods in the Republic of Kazakhstan.

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Republic of Kazakhstan     

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